COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the incidental harvesting of specimens that are, or are derived from:
- Sphyrna lewini (scalloped hammerhead shark)
- S. mokarran (great hammerhead shark)
- S. zygaena (smooth hammerhead shark),
taken in the Queensland East Coast Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Act 1994, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration is valid until 1 October 2015.
Dated this 23rd day of February 2015
………….…….…………Paul Murphy…………………………
Delegate of the Minister for the Environment
Notes:
Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly its biodiversity, and to meet Australia's obligations under international agreements such as the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act aims to achieve ecological sustainability and conserve Australia's unique flora, fauna, ecological communities, and heritage places by regulating activities that may impact them. The EPBC Act establishes a framework for the assessment and approval of activities that may have significant environmental impacts, including the trade of wildlife and their derivatives.
The declaration of an approved wildlife trade operation concerning the incidental harvesting of specimens of certain hammerhead shark species within the Queensland East Coast Inshore Fin Fish Fishery is made under the authority of the EPBC Act to ensure compliance with Australia's obligations under CITES. This declaration confirms that the ecological sustainability of the operation has been considered and deemed satisfactory, allowing for the export of these species under specific conditions. The policy objective is to protect endangered species while facilitating responsible trade practices, ensuring that international trade does not threaten the survival of the species involved.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the operations involved in the incidental harvesting of certain hammerhead shark species within the Queensland East Coast Inshore Fin Fish Fishery. This legislation, administered by the Minister for the Environment, ensures that the trade of scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (S. mokarran), and smooth hammerhead shark (S. zygaena) is conducted in an ecologically sustainable manner. The declared operation must comply with the requirements of the Act and any applicable management regimes, such as the Queensland Fisheries Act 1994. The declaration is valid until 1 October 2015, unless amended or revoked, and includes provisions for the issuance of CITES export permits for the export of specimens under Appendix II of Australia’s CITES list. This ensures that Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora are met, thereby safeguarding the ecological sustainability of the harvested species.
Key Provisions
The main operative sections of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303FN, 303FN(2), and 303FN(10)(d). These sections permit the declaration of an approved wildlife trade operation for the incidental harvesting of scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (S. mokarran), and smooth hammerhead shark (S. zygaena) taken in the Queensland East Coast Inshore Fin Fish Fishery. This declaration is made on the basis that the ecological sustainability of the operation has been considered and deemed satisfactory by the Delegate of the Minister for the Environment.
The obligations imposed by the Act on the parties involved include ensuring that the incidental harvesting operations comply with the ecological sustainability criteria specified in section 303FN of the EPBC Act. This involves adherence to the management regime under the Queensland Fisheries Act 1994 and the requirement for a non-detriment finding issued by Australia's CITES Scientific Authority, if applicable. The declaration ensures that the operations do not negatively impact the listed shark species and their habitats, thereby meeting Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Breach of the provisions under the EPBC Act can result in significant civil and criminal consequences. Offences related to wildlife trade, including unauthorised trade or breach of approved operations, can attract penalties as outlined in the Act. For example, violations may result in fines of up to AUD 210,000 for individuals and AUD 1,050,000 for corporations, along with potential imprisonment terms. Additionally, the Administrative Appeals Tribunal Act 1975 provides avenues for review of the decision, allowing affected parties to seek a statement of reasons or independent review within specified timelines. The declaration itself is valid until 1 October 2015, unless it is amended or revoked earlier.